« PreviousContinue »
parish of West Hallam aforesaid, in the !. The names of the petty jury sworn were, county of Derby aforesaid, being within this Samuel Ward, gent. Tho. Wilson, gent. John kingdom of England, voluntarily, freely and Steer, John Ratcliff, Ed. Wolmesly, gent. Witreasonably, the 16th day of March, in the 33d liam Horn, gent. George Tricket, gent. Jereyear of the reign aforesaid, bath been and re- miah Ward, John Roper, John Creswel, gent. mained, contrary to the form of the statute in Edmund Woodhead, Anthony Bowne. that case made and provided ; and against the Then Mr. Bridges, counsel for the king, peace of our sovereign lord the king, his crown opened the Indictment. and dignity, &c."
Mr. Bridges. May it please your lordship, Baron Street. How sayest thou, George and the gentlemen of the jury, the prisoner at Busby, art thou Guilty of this felony and the bar, George Busby, stands indicted for high treason whereof thou stándest indicted, or Not treason, as it is alledged in the Indictment, that Guilty ?
he being born within the king's dominions, and Busby. This Indictment, my lord, is not full; made a priest, and having received orders by it recites not the particular case in the statute pretended authority from the see of Rome, did of queen Elizabeth, viz. that I took orders be- the 16th day of March last come into the realm yond sea, and another point, that I am a native of England, as it is laid in the Indictment, to of the king's dominions.
Westhalllam, in the county of Derby, and there Baron Street. You may be inade a priest in he did abide, contrary to the form of the staEngland by the authority of the bishop of tute; and this is laid to be traiterously done. Rome, as well as at Rome.
To this be hath pleaded Not Guilty; and we Busby. How can I be made a priest in Eng- are to prove it upon him, by the king's evidence, land by the authority of the bishop of Rome, whom we are now to call. where there is no such authority ?
Mr. Coombes. Gentlemen of the jury, you Baron Street. You must plead to your In- have heard the Indictment read and opened, dictment as it stands.
you will presently have it fully proved, and Busby. Then, my lord, I bumbly beg I may highly aggravated by our evidence; for, genbe allowed counsel.
tlemen, we shall prove that the prisoner at the Baron Street. If any point in law arise, you bar is not only a Popish priest, but a Jesuit, and shall be allowed counsel.
this by his own eonfession ; and that his name Busby. The time and place is not specified in was inserted in sir William Walier's warrant, the Indictment.
when he came down into this country to search Baron Street. If that be so, it is material.- for Jesuits : That he has held a secret and danBut
upon view of the Indictinent, it was found gerous correspondence with Harcourt, Ireland, right.
and other Popisb traitors : That he has been Clerk of Arraign. George Busby, hold up their procurator, and disbursed and received thy hand; art thou Guilty of this Indictment, great sums of money for them. or Not Guilty ?
Gentlemen, the prisoner hath been a person Busby. (then holding up his hand) said, Not higbly suspected, as well as dangerous to the Guilty
government, for some years; for treasonable Clerk of Arraign. Culprit, how wilt thou be matters of another nature than he stands indicttried ?-Busby. By God and my country.
ed of, have been deposed against him upon Clerk. God send thee a good deliverance. oath at the council board, and thereupon a strict
Baron Street. Now we will see if your objec- warrant to apprehend him was directed to Mr. tions be of any weight; you hear the Indict- Gilbert (a worthy gentleman and justice of ment read, which was ut antè, being a subject peace of this county.) Mr. Gilbert, gentlemen, of the king's, boru within this realm; you may will presently tell you the manner of his taking be made a priest by the authority of Rome, in him in an obscure place in the roof of one Mr. England, Ireland, or Germany, or any where Powtrel's house at Westhallam, in this county: else, and that will make you a priest within this But here I must beg leave to digress; for I law.
cannot but take potice of the malicious temper Busby. I am no native, I was born beyond and base practices of this sort of men ; for
though Mr. Gilbert acted by virtue of a war. Baron Street. Your being a native, is matter rant from the Lords of the council, and has of fact, and must be proved.
since received an approbation from his maBusby. My lord, I move I may have right of jesty of what he did, under the band of a challenging the jury.
secretary of state, yet could not those peoBaron Street. Sure we must have the jury ple forbear to raise false and scandalous rebefore us first, before you can challenge any of ports of, and make talse accusations against them.
him, upon this very account: but what is it So the jury being called, Busby challenged they will not do to discourage Protestant maperemptorily near the number allowed by the gistrates from doing their duty against them? law. The king's counsel did except against I confess, nothing is to be wondered at since the two persons only.
barbarous murder of sir Edmundbury Godfrey. Baron Street. Have a care, Mr. Busby, at But to proceed, gentlemen, we shall also prove your peril, if you challenge peremptorily above to you, that the prisoner is so little a friend even the pumber of 35.
the civil government of this nation, that he
would not suffer his nephew, Mr. Powtrel, to six or seven years, though I did never know take so much as the oath of allegiance, which him personally, nor, to the best of my knowledge is seraphed only by the Jesuits for I thiuk ever saw him till I apprehended him, swhich their secular priests will generally take it. Gen- which was the 16th of March - last, the very tleinen, the thing I have already opened, are day on which the judges went out of Derby the matters of high aggravation, and come in by last Lent assizes ; the first enquiry I made after way of indictment. But that which in this him, was occasioned by a letter and a mescase we rely upon is this, that the prisoner has senger from si Simon Degg, about Noveinber taptized, married, confessed, and absolved, in 1678, at wilich time I sent a warrant to the the Popish way, that he has given the sacra- constable at West-Hallam, to search for the ment, and said mass very frequently in his said George Bushy, but he could not then be Popish vestments; and for proof of this we found ; at that tinie it was reported, that he have a cloud of' witnesses.
was a Jesuit, and concerned in the plot ; which Gentlemen you hear the prisoner is indicted I had reason to believe, because when Mr. Gray upon a statute made in the 27th Eliz. * which came to search Mr. Powtrel's house for some makes it treason for any subject born to take Jesuits the January following, by order from orders from the see of Rome, and afterwards to the lords of the council (in which service be remain in England; which law I conceive commanded me to attend hiin), we perceived was not only made for the security of the go. Mrs. Powtrel (who is Busby's niece) to be vernment, but also in favour of the lay papists much trouble, and in a great passion, the themselves ; for though several statuies were cause whereof Mr. Powtrel declared to be for made to keep them within the bounds of their fear the said search was made for her uncle allegiance, and to secure the government from Busby; who, as I heard afterwards, was then in their villainous designs ; yet it was experimen- the house, though at that time he was reported tally found true, that no dangers or penalties to be tied. whatsoever could deter or hinder them from However, the government had a jealous eye plotting against the state, in order to bring us on this Busby about two years ago, as may baek again to the slavery of Rome ; whilst appear by a warrant from the Lords of the those juggling managers of their consciences Council, which , warrant I have ready, and were suffered to come amongst us; and there. humbly pray your lordship it may be read fore I may well call this statute, upon which openly in court. the prisoner stands indicted, an act of charity
Baron Street. Let it be read. to the common papists; for it was made to pre. Clerk. “ Whereas information hath been vent the dangers they would otherwise run them. given to his majesty in council upon oath, That selves into, as well as the nation. It is true, in- George Busby late of West-Hallam, in the deed, gentlemen, that the lively execution of this county of Derby, is a reputed priest and Jesuit, law has (by the clemency of our princes, and good and has had a considerable part in the late connature of the government) been many times spiracy against the life of his sacred majesty, suspended, and might yet have continued in and the peace of the governinent; these are the sbade, had not the popish priests and Jesuits therefore to will and require you to repair to roused up this sleeping lion against themselves the place aforesaid, or where ever else the said by a damnable and hellish plot against his ma- George Busby shall be found, and him to seize jesty's life, the true religion and well establish- and apprehend, and convey to the next countyed government of this nation ; the reality of gaol, there to remain in close custody, until he which has been confirmed to us, not only by shall be delivered by the due course of law. the unanswerable evidence of Coleman's pa- And all mayors, sheriffs, justices of the peace, pers, and other loyal proofs, but also by fire constables, and other his majesty's officers and quent proclamations, and the uniform votes and loving subjects are to be assisting unto you in resolutions of several parliaments. I may there- the execution hereof, as they will answer the fore very well borrow the words of a great contrary.; for which this shall be your war. man upon the like occasion, and say, that at rant. Dated at the council-chamber'in Whitethis time of the day it is much better to be rid ball, the 19th day of March, 1678, Worcester, of one priest than many felons : and therefore, Clarendon, Aylsbury, H. London, Sunderland, gentlemen, if our evidence shall make good Essex, Falconbridge. the indictment, I hope you will do your
" Joun Nicholas." your country, and yourselves the right to find “ Indorsed to Henry Gilbert, esq. at the prisoner guilty. We shall call our evi- Locko, in the county of Derby.” dence. Call Mr. Gilbert (who was sworn.) Pray tell my lord and the jury, what you can
Then Mr. Gilbert proceeded. say concerning the prisoner at the bar,
Mr. Gilbert. My lord, I received this order Gilbert. My lord, I dwell within two miles on Saturday, the 22d day of March, 1678. of Mr. Powtrel's house at West-Hallam, the And on Sunday afternoon I sent to Mr. John place where the prisoner was taken, and have Bagnall of Derby, who was then under-sheriff, heard that he hath been a priest in that family requiring him to meet me early on Monday
the 24th, at Mr. Powtrel's house at West-HalThe Sutute is inserted in the Case of Brom- larů, about some earnest business lately sent mich, vol. 7, p. 724, of this Collection. down from the lords of the council, wherewith
I would acquaint him at our meeting : As soon should do with them ; he told me they must as he came, I shewed him the warrant ; after be burnt, according to law; I entreated his which we searehed very diligently in every favour, that I might send them again to the place we could see, but could not find him; same place, for two or three days, to make the though afterwards I was informed he was in priest more confident, that I might better apthe House at that time also.
prebend him ; he told me, he could give no About August, 1679, Mr. Powtrel obtained a such permission; but insisted, that they ought licence froin his majesty to travel beyond sea, to be destroyed. and it was confidently reported by the papists,
When all the business was done at the asthat this Mr. Busby was gone over too, inso- sizes on the crowo-side (where I was obliged to much, that when sir W. Waller came into these attend) on March the 15th day at night, I went parts in January 1679, with warrants to search to the judge again, and craved his lordship's for Jesuits (in one whereof I saw Busby's pardon for presuming to send back the popisha name) and would have searched at Hallam, 1 things, contrary to his opinion ; but acquainted dissuaded him, and did assure him I believed him that I intended to go after them to he was gone beyond sea, and told him how West-Hallam that night, and if I could not often I had searched for him in vain ; where- catch the priest, I resolved to bring the same upon sir W. Waller diverted to another place, things again ; and after I had asked his lordthough I have been informed since, that Busby ship some questions, and received his directions, was never out of England since the discovery I came to my own house, and went about eleven of the Plot.
of the clock' at night (with some company to But about Christmas last, and since, I having assist 'me) to Hallam, and set two men to watch had notice that Busby was in England, and in the garden, and one in the church yard particularly at West-Hallam, and had been (joining to another side of the house) to see if seen last corn-harvest to walk in Mr. Powtrel's they could spy any light, or hear any walking garden with one Anne Smalley, a widow, I in the lofts or false floors, whea I made a noise thought it my duty to make it my further en- on the other side of the bouse. I sent a man quiry after him, which I did on the first day before to call up the constable, and when he of March last, and came to the house to buy and two or three more came, I knocked at Mrs. some wood for my coal-pits, apd then brought Anne Smalley's window, about twelve of the five or six persons with me, and sent for the clock in the night, and said aloud, Mrs. Smalley constable to belp me to search for him, which open the doors, I am come to search for a powe did most part of the afternoon, but could not pish priest. She started up, and said, Wbo. find him, though he was seen to be walking in was there? I told her, it was I, she knew me the garden with the said Anne Smalley when I well enough, I dwelt at Locko. Then I staid came first into the house, as I was afterwards a pretty space of time, and called aloud to her informed ; but when I asked the said Anne again, and spoke the like words : but by that Smalley for him, she affirmed with many pro- time, I suppose she and her bedfellow, Mrs
, testations, that he was in Flanders, and not in Braylsford, were gone to give the priest notice England, and that if I had any business with and to help him to his hiding-hole, for no body him, I must go beyond sea to him, for she had answered me; then after a pretty space
, not seen him for above two years ; though she called to her a third time, and required ber, in bad helped to convey him out of the garden the king's name, to open the doors, for I was into his hiding-hole, but a few minutes before: come to search for Busby, the Jesuit, who was however, I proceeded in my search, and found a traitor by law, and if she would not open the in the chamber where Busby lodged, a crimson doors, I would cause the constable to force them damask vestment, wherein was packed up a open ; and when I could have no answer from stole, a maniple of the same (as the Papists call her, I went to Joseph's Dudley's chamber them) an altar, stone, surplíce, and a box of window, and called there, charging him in the waters, mass-books, and divers other popish king's name to open the doors, but no answer things: Then I told Mrs. Braylsford (a kins- at all was returned ; for he also was gone into woman of Mr. Powtrel's) and the said Anne the priets's chamber, and found Arne Smalley Smalley, those things did' signify that a priest busy in helping Busby to secure himself, as the belonged to the house; for the book had been said Joseph Dudley did afterwards inform me. lately used, as was apparent by the string which After I had staid about a quarter of an hour was put betwixt two leaves, whereof Festa Fe. I commanded the constable, in the king's name bruarii was on the one side, and Festa Martii to break the doors open, which was done; and was on the other side ; but they stiftly affirmed when we came into the priest's chamber, I found that no priest had been there of above two years the fire had been lately extinguished, the coun. before, and jeered me when I could not find terpain and the blankets laid in confused heapış him, and said, if there was a priest in the house on the bed, and some part of them warm, and why did I not take him?
some part cold; the upper part of the feather When I had done searching, and could not bed was cold ;' which I wondered at, then I find him, I took away the vestiment, and other put my hand underneath, and the bed was things, which I brought to the assizes, a fort- Warm; for they had turned it. I looked for night after, and did ask Mr. Justice Charlton the pillow, sheets, cap, &c. but Anne Smalley (who came that circuit) his opinion, what I (as I was afterwards informed) had taken them
into the chamber where she lay. I asked her when they told me what he said to them, divers questions about the person that had lain I charged them to be civil to him, and bring in that bed that night, and particularly, whether him to me, which they did. Then I arrested or no it was not Busby? She told me, no him in his majesty's name for high treason, body had lain in that bed that night ; I told her, and after he had refreshed himself a little, I I was sure some person had lain there; for the told him he must yet on his boots, and prefeather bed was warm on the under side: she pare himself to go to Derby. took many protestations, that nobody had lain Soon after his apprehension, (I perceiving there of divers nights before: I replied, if she him to be a little dismayed) I encouraged him would discover the person who had lain there, and said, he should have all the favour a perit would save her and me much trouble: but son in his circumstances could expect; for I when all I could say would not prevail, I told told him, I understood he was a gentleman of her, I must search, for I was confident, that a good family in Buckinghamshire or OxfordBusby was in the house, because she would shire, and that his brother lived at Coddington, not declare who it was that lay there.
in Oxfordshire, which he acknowledged, and I began to search about one o'clock, and thanked me for my civility. continued till after ten next morning before I I was so well satisfied that we had apprecould find him : and though the watchers in hended him, after much tedious watching and the garden told me, they heard his paces and searching, that I never thought of sending any steps very plainly amongst the lofts and false man to look what was in the hiding hole with floors, and described on the out-side of the him; but after an hour's stay, or thereabouts, bouse the place where they last heard him, | I took him away from Hallam between eleven within the space of ninc orten foot where he and twelve o'clock on the 16th of March last, was hid ; yet were we almost so many hours and brought him to Derby between one and before we could iind him.
two o'clock; where, after I had taken his exAt last when the searchers were almost all amination, I made a Mittimus, and committed fred, Anne Smalley, and others of the family, him to Derby gaol. scoffed at us, and asked, What, have you not On Saturday
following, I writ a letter to Oxfound him yet? You said there was a priest ford to the right honourable the earl of Conin the house, why do you not find him then ? way, one of his majesty's principal secretaries Why do you not take him? I said, All in good of state, informing his lordship
of the appretime? I was resolved to find him, or starve hending and commitment of Busby, and inhim out: Nay, the foot-boy of the house, see- closed a copy of his examination, to which his ing my servant look within the kitchen-chim- lordship writ me a letter in answer, that he had ney, where there hung a port-mantle, said, acquainted his majesty with my proceedings, jeering to my man, Look if he be not in the who did very well approve of what I had done. port-mantle.
Busby. My lord, I am an alien, born at After those persons had pleased themselves Brussels. a good while with mocking us for our disap- Baron Street. Was your father of that place? pointment, I persuaded two or three of the It is a very good family. searchers once again to climb upon the lofts Busby. My father lived at Coddington, my (which I could not do myself, by reason of a mother was an heiress, and here is an affidavit lameness in my shoulder), and look well near ready to be produced of what children my fathe place where Busby's last steps were ther had before he went beyond sea, born at heard. Which when they had done some Coddington, out of the register of that place; while, and found nothing, I took my sword I have had no time to bring a particular certiand scabbard, being in the room underneath) ficate where I was born, and what other chiland koocked on the plaister-floors over my dren my father had beyond sea ; my father bead, and caused them to answer me with the went over about the beginning of the troubles, like knocking as near the same place as they and I am about 40 years of age. could, and when we had examined the floors in this manner, I knocked near unto a stack of
After the Judge had told Busby of the Act
for Naturalization, three chimneys, but they could not answer within a yard; I knocked again in two or three
Mr. Busby. I suppose, my lord, that act places near the chimneys; yet still they could may stand good as to privileges of the subject,
but not as to penalties bot answer near those places, but told me there was nothing but tiles and roofing ; I bid
Baron Street. Yes, as to all intents and purthem break open those tiles, which they did, poses : Read the Act 29 Car. 2, cap. 6. and espied under them a wooden door, and a little iron hinge; I bid them break the door ;
" An Act for the Naturalizing of Children of bility as others, did either by reason of their ) avow and justify all and all manner of actions, attendance upon his majesty, or for fear of the suits and causes, and all other things to do as then usurperl powers, reside in parts beyond lawfully, liberally, freely and fully, as if the the seas out of his majesty's dominions, and it said children, and the persons born as aforesaid, may hereafter becomie difficult to make proof and every of them had been born of English of the occasion of such their residence: Now parents within this kingdom, or as any other for preventing of all disputes and questions that person or persons born within this kingdom may arise, whether the children of such his may lawfully. in any wise do; any law, act, majesty's subjects of this realm are natural- statute, provision, custom, or other thing whatborn subjects of our sovereign lord the king, soever, had, made, done, promulged, proclaimed, and to express a due sense of the merit of all or provided, to the contrary thereof in any wise such loyal persons as out of their duty and fide- notwithstanding ; provided always, that no lity to his majesty and his father of blessed person, other than the persons expressly named memory, did forego, or were driven from their in this act, shall have any benefit thereby, ex. native country:
bis Majesty's English Subjects, born in then one of the searebers put in his hand into a little hole that was broken in the door, and
foreign Countries during the late Troubles. felt a hat; then he told me some body was in "Whereas during the late unbappy troubles that place, for a man had thrown his hand off in England, which began in the year of our the hat; then I caused them to break open the Lord, 1641, and continued until the time of his entrance, which when they had done, Busby majesty's most happy restoration, divers of his spoke to them, and desired them to be civil; majesty's English subjects, as well of the 10
cept such person shall within seven years Dext “ Be it declared and enacted by the King's ensuing, receive the Sacrament of the Lord's most excellent majesty, by and with the con- Supper, and within one month next after such sent of the Lords spiritual and temporal, and receiving the Sacrament, take the oaths of the Commons in this present parliament as- Allegiance and Supremacy in some of his masembled, and by the authority of the same, jesty's courts at Westminster, and deliver into That Charles Gerard, and Elizabeth Gerard, the court, at the same time, a certificate of such children of the right honourable Charles lord his receiving the said Sacrament, and then Gerard of Brandon, Trever Wheler, and Do- make proof thereof by witnesses to be examinrothy-Elizabeth Wheler children of sir Charles ed viva voce upon oath. Wheler, baronet, Ann Ravenscroft the wife of “ And be it further enacted, That no person Edward Ravenscroft of Bretton in the county or persons, other than the persons expressly of Flint, esq. ; one of the daughters of sir named in this act, shall have any benefit Richard Lloyd, knight, deceased, born at thereby, until he or they shall have received Calais in France, and all other persons who at the Sacrament, and made proof thereof by cer. any time between the 14th day of June in the tificate and witnesses, and taken the said oath said year of our Lord 1641, and the 24th day of in manner aforesaid. March in the year of our Lord 1660, were born “ And for the better manifestation and proof out of his majesty's dominions, and whose of such qualifications as may entitle any person fathers and mothers were natural born subjects to the benefit of this act, which in process of of this realm, are hereby declared and shall for time may be very hard to be proved: Be it ever be esteemed and taken to all intents and further enacted, That any person having re. purposes, to be and to have been the natural ceived the sacrament, and made proof thereof born subjects of this kingdom ; and that the by certificate and witnesses, and taken the said said children, and all other persons born as oaths within the time aforesaid, in any of aforesaid, and every of them, are and shall be his majesty's courts, in manner aforesaid, adjudged, reputed, and taken to be and to have shall and may be admitted to make proof of been, in every respect and degree, natural born such his qualification in the said court by witsubjects, and free to all intents, purposes, and nesses viva voce to be examined upon oath ; constructions, as if they and every of them bad and if he shall make proof thereof to the satisbeen born in England.
faction of the said court, he shall thereupon “ And be it further enacted and declared by bave a certificate thereof under the seal of the the authority aforesaid, that the children, and said court, to be likewise enrolled in the said other persons as aforesaid, and every of thein, court, and for ever after upon shewing such shall be, and are hereby enabled and adjudged certificate or enrollment thereof, every such able, to all intents, constructions, and purposes person shall have full benefit of this law, as if whatsoever, as well to demand, as to have and he had been therein expressly named." enjoy any titles of honour, mano:s, lands, tenements, and hereditaments, and all other pri- subject by the late act of parliament; whereby
Baron Street. Then you are a natural born vileges and immunities belonging to the liege it appears that all persons born abroad in the people and natural subjects of this kingdom, late troubles, who went out of this kingdom by and to make his or their resort or pedigree, as heir to his, their, or any of their ancestors, made natural born subjects, as if born here.
reason of their sufferings for the king, are lineal or collateral, by reason of any descent, remainder, reverter, right, or other title, con- Then Joseph Dudley was called and swort. veyance, legacy, or bequest whatsoever, which hath, may, or shall descend, remain, revert, the prisoner at the bar? Look upon him.
Baron Street. Joseph Dudley, do you know accrue, come or grow unto the said children, or persons born as aforesaid, or any of them; Dudley. I have known him these six years as also to have and enjoy all manors, lands and and more, to belong to Mr. Powtrel's at West tenements, or other hereditaments, by way of Hallam to whom I was at that time a servant, purchase or gift of any person or persons what, where he officiated as a priest, and was kept to soever ; as also to prosecute, pursue, maintain, do that office ; where I have heard him say